Viacom sues operators of online Nickelodeon channel

At the end of February, Viacom, parent company of Nickelodeon, filed a lawsuit against the operators of NickReboot.com for alleged copyright violation.

NickReboot is an online service which offers free 24/7 streaming of classic Nickelodeon cartoons from the 1990s and early 2000s, such as SpongeBob SquarePants, Jimmy Neutron, The Amanda Show, Rocket Power and Kenan and Kel. Shows stream in random order, although viewers can also access the premium on-demand service for an annual fee.

Viacom is unsure of who is behind NickReboot, but that hasn't stopped them from filing against the "John Does" responsible. The claim states the defendants, "willfully, maliciously and with wanton disregard" copyright and violated trademarks "by creating the false and misleading impression that Defendants' pirated Viacom Works are produced, distributed, endorsed, sponsored, approved, or licensed."

As of the publishing of this article NickReboot is still up and running. Their "About Us" page states that the website exists to provide a "medium for commentary, criticism, educational review, and research of Nickelodeon as it was during that time period." The blurb adds that the site operates under Fair Use provisions of U.S. Copyright Law.

The suit comes on the heels of Viacom's announcement that Nickelodeon would be launching a direct-to-consumer service. Viacom is looking for damages, and demanding that ISPs, cloud storage providers, advertising service providers and any one else offering materials in support of NickReboot be added to the injunction.

This story illustrates the importance of consulting with an experienced business attorney to ensure that materials you are using on your website, or as part of your business, are covered under U.S Copyright Law's doctrine of Fair Use.

Categorised in: Intellectual Property Law

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